Judge: Bruce G. Iwasaki, Case: 23STCV06568, Date: 2025-03-05 Tentative Ruling

Case Number: 23STCV06568    Hearing Date: March 5, 2025    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             March 5, 2025

Case Name:                Ortiz v. Architectural Surfaces

Case No.:                    23STCV06568

Motion:                       Motion to be Relieved as Counsel

Moving Party:             Counsel for Defendant BMosaics, Inc.

Opposing Party:          None

             Defendant’s counsel – Niv V. Davidovich – seeks to be relieved as counsel of record. No opposition was filed.

            The motion to be relieved as counsel is granted as to Defendant BMosaics, Inc.   

Discussion

            An attorney is entitled to withdraw upon the consent of the client, or without that consent if approved by the court. (Code Civ. Proc., § 284; Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) In the latter case, counsel must make a motion to be relieved as attorney of record.  The motion must be made using mandatory forms: Notice of Motion and Motion to be Relieved as Counsel – Civil (MC-051), Declaration (MC-052), and Proposed Order (MC-053). (Cal. Rules of Court, rule 3.1362, subd. (a), (b), (e).)

            The declaration accompanying the motion to be relieved as counsel must state “in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).” (Cal. Rules of Court, rule 3.1362, subd. (b).)

            The notice to the client must be done by personal service, electronically, or mail. If it is done via mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration confirming the service address to be the most current residence or that it is the client’s last known address, and the attorney has been unable to locate a more current address. (Cal. Rules of Court, rule 3.1362, subd. (d)(1)(A)-(B).)

            Here, Attorney Davidovich has complied with the Rules of Court by filing all the appropriate forms (MC-051, MC-052, and MC-053). He has also submitted a supporting declaration providing an adequate explanation for why he is moving to be relieved as counsel; he asserts that the attorney-client has broken down.

Further, Form MC-052 indicates that notice was provided to Defendant via mail and the last known address was confirmed through the California Secretary of State.

Finally, trial in this matter has been set for May 18, 2026, and the next hearing is a Motion to Compel Further set for March 19, 2025 – a motion to which Defendant is not a party. Thus, no prejudice will result from granting this motion where there is adequate time to retain new counsel.

The Court will grant the motion to be relieved as counsel.